Lawsuit eyed in death at plant

BROWNVILLE — The family of a village man killed in an accident at Brownville Specialty Paper Products Inc. is asking a Supreme Court judge to order that the closed papermaker preserve evidence related to the accident in anticipation of a possible civil lawsuit.

Scott M. Ellsworth, 26, was killed Dec. 5 at the plant on Bridge Street when a 5,000-pound roll of industrial-grade paper backer came off a machine and landed on him.

The mothers of two of Mr. Ellsworth's minor children, Jessica B. Crosbie and Janelle L. Marino, have filed a motion for an order to show cause asking, among other things, that the company be prohibited from altering or removing any equipment involved in the accident, according to documents filed Tuesday at the Jefferson County Clerk's office.

Specifically, the family wants information preserved regarding a Black Clawson TD-12 rewinder, the piece of equipment on which Mr. Ellsworth was working at the time of his death.

According to an affidavit filed by Kristen L. Norfleet, an attorney with Smith, Sovik, Kendrick & Sugnet PC, Syracuse, the sale and subsequent closure of Brownville Specialty Paper makes "future discovery and inspection precarious at best."

She said information regarding the rewinder is "critical" based on citations issued to the company by the federal Occupation Safety and Health Administration, a pending OSHA report and conversations with witnesses and potential experts who could be called to testify if a civil action is initiated. She termed a lawsuit on behalf of Mr. Ellsworth's children as being "possible, if not probable."

An inspection by OSHA of the Brownville facility after the accident resulted in 35 safety citations carrying proposed fines totaling $116,250. OSHA issued Brownville Specialty Paper one willful citation, carrying a proposed $49,000 fine, for not properly guarding the rewinding machine involved in the accident.

In early July, Brownville Specialty Paper announced it had sold its product lines to competitors FiberMark North America Inc., Brattleboro, Vt., and Climax Manufacturing Co., Lowville, and would immediately shut down its Brownville mill.

Judge Joseph D. McGuire on Monday approved a temporary restraining order directing the company to preserve the rewinding equipment and any paperwork pertaining to it and to give the Syracuse law firm or its representatives permission to conduct a preliminary examination and inspection of the machine.

The judge has scheduled a hearing for Nov. 13 for Brownville Specialty Paper to show cause as to why the equipment should not be preserved or inspection of it allowed. The restraining order will remain in effect until at least the day of that hearing.